American Job Center branding in 2012 state plans

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/TEGL_21-11_Chg1_Acc.pdf

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                  State Planning
               ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
                                                           OWI
          U.S. DEPARTMENT OF LABOR
                                                           DATE
             Washington, D.C. 20210                        August 8, 2012


ADVISORY:         TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 21-11,
                  CHANGE 1

TO:               STATE WORKFORCE AGENCIES
                  STATE WORKFORCE LIAISONS

FROM:             JANE OATES /s/
                  Assistant Secretary

SUBJECT:          Inclusion of the American Job Center Brand in 2012 State Workforce Plans

1. Purpose. To provide State Plan information to states that implement the American Job
   Center brand.

2. References.
   • Training and Employment Guidance Letter (TEGL) No. 36-11, Announcement of American
     Job Center network;
   • TEGL No. 21-11, Requirements for 2012 State Workforce Plans;
   • State Integrated Workforce Plan Requirements for Workforce Investment Act Title
     I/Wagner-Peyser Act and Department of Labor Workforce Programs (OMB No. 1205-
     0398); and
   • Planning Guidance for State Unified Plans and Unified Plan Modifications Submitted
     under Section 501 of the Workforce Investment Act (WIA) (OMB No. 1205-0398).

3. Background. The Department of Labor’s Employment and Training Administration (ETA)
   recently issued TEGL No. 36-11, Announcement of American Job Center network, to
   announce a unifying name and brand that identifies virtual and in-person publicly-funded
   workforce development services as part of a single network. In order to increase jobseeker
   and employer awareness of workforce development resources available across the country,
   ETA is encouraging the publicly-funded workforce system, in accordance with their State
   Workforce Plans, to implement the American Job Center brand.

  State Workforce Investment Act (WIA) grantees are strongly encouraged to adopt the use of
  the American Job Center brand for their physical One-Stop Career Centers and online tools.
  As a less preferred alternative, States may co-brand their virtual and in-person resources as “a
  proud partner of the American Job Center network.”


 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Ongoing

                                                -2-

  When exercising this co-branding option, states should feature the American Job Center brand
  as prominently as their own logos and branding. Under TEGL 21-11, States have discretion to
  determine where the American Job Center brand will be used to identify One-Stop Career
  Centers and related online resources and are permitted to set statewide policies that govern the
  use of the brand throughout the state.

  TEGL 36-11 stated that we would provide guidance for states to indicate in their PY 2012
  State Workforce Plan their intention to use the American Job Center brand. This TEGL
  instructs participating states on what they must submit to ETA on their plans to implement the
  brand. These instructions supplement the plan submission requirements contained in TEGL
  21-11.

4. State Options. States that choose to implement the American Job Center brand need to
   describe their plans for branding within their PY 2012 State Workforce Plans. States choosing
   to use the brand should describe how the brand will be used including expected participation
   by Local Workforce Investment Boards as part of their five-year State Workforce Plan (OMB
   Control No. 1205-0398), due September 17, 2012. States have the option to submit a State
   Plan modification at a later date if a branding plan is not complete by September 17, 2012.
   State Workforce Plan requirements are discussed in TEGL 21-11, Requirements for 2012
   State Workforce Plans. States that are not planning to rebrand their centers are encouraged to
   describe in their plan the specific steps they are taking to improve the public’s awareness of,
   and access to, the One Stop in-person and virtual resources in their State.

5. Action Requested. States that choose to use the American Job Center brand must submit to
   ETA a narrative describing their branding plans as a part of their Program Year (PY) 2012
   State Workforce Plan or as a subsequent modification to that plan. States should describe
   their branding plans within the following sections of their State Workforce Plan as
   appropriate. (States that choose not to implement the American Job Center brand may
   indicate as such within the following sections as well, and are encouraged to describe in their
   plan the specific steps they are taking to improve the public’s awareness of, and access to, the
   American Job Centers in-person and virtual resources in their State.)

  States submitting an Integrated State Workforce Plan, per the requirements articulated in State
  Integrated Workforce Plan Requirements for Workforce Investment Act Title I/Wagner-Peyser
  Act and Department of Labor Workforce Programs (OMB No. 1205-0398), should include
  their branding plans within Section II State Operational Plan, under the following subsection:

       “Operating Systems and Policies Supporting the State’s Strategies: The State Operational
       Plan must describe:
          • State operating systems that support coordinated implementation of state
             strategies (e.g. labor market information systems, data systems, communication
             systems, etc.). (WIA Section 112(b)(8)(A))
          • State policies that support the coordinated implementation of the state’s strategies.
             (WIA Section 112(b)(8)(A))
          • How the delivery of services to jobseeker customers and employer customers,
             including Registered Apprenticeship sponsors, will be aligned across programs.
             (WIA Sections 111(d)(2) and 112(b)(8))”

                                               -3-

  States submitting a Unified Plan, per the requirements of Planning Guidance for State Unified
  Plans and Unified Plan Modifications Submitted under Section 501 of the Workforce
  Investment Act (WIA) (OMB No. 1205-0398), should include their branding plans within Part
  II of the Unified Planning Instructions, Under Section B, One-Stop Delivery System, Item
  2(b):

       “2. Describe the actions the state has taken to ensure an integrated One-Stop service
           delivery system statewide. (Sections 112(b)(14) and 121))
           b. What policies or guidance has the state issued to support maximum integration of
              service delivery through the One-Stop delivery system for both business
              customers and individual customers? (Section 112(b)(14))”

   The state’s discussion of its American Job Center brand under these planning elements
   should include the following:
      • A statement affirming the state’s intentions to implement the American Job Center
          network brand or the state’s intentions to co-brand as “a proud partner of the
          American Job Center network”;
      • A description of how the state will implement the American Job Center Network
          brand including immediate and longer-term steps to incorporate the brand. This may
          include the physical One-Stops and online tools and resources.
      • A description of how the state will coordinate branding efforts across the state and
          expected participation by local workforce investment areas.
      • The state’s timeline for implementation.
      • Estimated costs of this branding effort for PY 2012 and PY 2013.

6. Public Burden. State Plan requirements are approved under OMB Control Number 1205-
   0398, and expire February 28, 2015. The Paperwork Reduction Act of 1995 provides that no
   person is required to respond to a collection of information unless it displays a valid OMB
   control number. Prior to this Change 1, total public reporting burden for plans covered by
   collection of information is estimated to average 40 hours per response, including time for
   reviewing instructions, searching existing data sources, gathering and maintaining the data
   needed, and completing and reviewing the collection of information. The additional burden
   per respondent for responding to the above is estimated at one hour. Send comments
   regarding the burden estimate or any other aspect of this collection of information, including
   suggestions for reducing the burden, to the U.S. Department of Labor, Employment and
   Training Administration, 200 Constitution Avenue, N.W., Room S4209, Washington, DC
   20210 and reference the OMB Control Number 1205-0398.

7. Inquiries. Please direct questions regarding this notice and instructions to the appropriate
   ETA regional office.

8. Attachments. The terms and conditions for the American Job Center logo as of June 14,
   2012 are attached. These terms and conditions, which may be updated in the future, are
   available at www.dol.gov/ajc.

Attachment 1: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2012/TEGL_21-11_Chg1_Att.pdf

Updated 6/22/2012

Terms of Use for American Job Center Logo
The U.S. Department of Labor Employment and Training Administration (ETA) has established
the American Job Center network, a unifying name and brand that identifies online and in-
person workforce development services as part of a single network. In connection with this
activity, ETA has established trademark ownership of the following logos: 1) “American Job
Center network”; and 2) “a proud partner of the American Job Center network” (“Logos”) for use
in the public workforce system.
By clicking-on your assent below, your organization (You) agrees to the following Terms of Use
for use of the Logos:

1. You represent and warrant that your organization is one of the following:
    a) State Workforce Agency;
    b) State Workforce Investment Board (SWIB) as defined in Workforce Investment Act of
        1998 (WIA) Section 111; or
    c) Local Workforce Investment Board (LWIBs) as defined in WIA Section 117.

2. Upon your written notification to ETA via e-mail to [email protected] with the words
   “Usage Notice” in the subject line of the message, ETA, as owner of the Logos, grants You a
   royalty-free, non-exclusive right to use (License) the Logos solely for ETA-funded workforce
   development activities specified in the grant agreement between you and ETA. Except as
   expressly provided for in these Terms of Use, use of the Logos for any other purpose,
   including but not limited to for-profit commercial activities, is prohibited.

3. LWIBs may sublicense use of the Logos only to other organizations that operate One-Stop
   Career Centers or American Job Centers, and only as consistent with these Terms of Use,
   upon written notification to ETA via e-mail to [email protected] with the words
   “Sublicense Notice” in the subject line of the message. Such sublicense shall terminate either
   upon expiration of the LWIB’s license or immediately if the sublicensee ceases to operate a
   One-Stop or American Job Center. In the notification LWIBs must describe the organization
   to which it intends to sublicense use of the Logos, and a description of the LWIB relationship
   to the organization. Upon notifying ETA, the LWIB may sublicense use of the Logos solely
   for the purpose stated in the notification.

4. SWIBs may sublicense use of the Logos to only other organizations that operate One-Stop
   Career Centers or American Job Centers, and only as consistent with these Terms of Use,
   upon written notification to ETA via e-mail to [email protected] with the words
   “Sublicense Notice” in the subject line of the message. Such sublicense shall terminate either
   upon expiration of the SWIB’s license or immediately if the sublicensee ceases to operate a
   One-Stop or American Job Center. In the notification SWIBs must describe the organization
   to which it intends to sublicense use of the Logos, and a description of the SWIB relationship
   to the organization. Upon notifying ETA, the SWIB may sublicense use of the Logos solely
   for the purpose stated in the notification.

                                               -2-

5. ETA reserves the right to update these Terms of Use at anytime without notice to You. The
   most current version of the terms of use can be viewed on our Web site at www.dol.gov/ajc.

6. This License is not assignable. Any attempt to assign or sublicense rights in the Logos,
   except as expressly provided by these Terms of Use or otherwise as expressly agreed upon by
   ETA, will be deemed a breach of this agreement and result in immediate termination of the
   License. Where the right to sublicense is authorized, You agree that You will not charge
   others a license or royalty fee for the right to use either Logo.

7. Except as otherwise provided for in an existing grant agreement between You and ETA
   (“Parties”), this License shall expire three years from the date of your acceptance of these
   Terms of Use, unless otherwise mutually agreed upon by the Parties during the term of the
   License. Either party may terminate the License upon ninety days written notice to the other
   party. Upon expiration of the License, the License may be renewed for successive five year
   periods upon mutual agreement of the Parties. Upon termination of the License, You agree to
   immediately cease all use of the Logos. In the event that ETA determines that You have
   breached these Terms of Use, You will be notified by ETA and given thirty days to cure such
   breach. In the event that You do not cure the breach within thirty days, ETA may
   immediately terminate the License and will notify You of such termination within five days
   of such termination.

8. You agree that You will not take any action to disparage, tarnish, or otherwise adversely
   affect ETA’s rights in and goodwill associated with the Logos.

9. You agree to indemnify and hold harmless ETA and the U.S. Department of Labor from any
   and all claims, damages, including attorneys’ fees, arising from your organization’s use of the
   Logos; except to the extent that any such claims, damages or attorneys’ fees arose in
   connection with any act or failure to act on the part of ETA and/or the U.S. Department of
   Labor.

10. These Terms of Use shall be governed by the federal laws of the United States.

11. Should any provision or part of a provision of these Terms of Use be determined invalid by a
    court of competent jurisdiction, such invalidation shall not invalidate the remaining portions
    thereof, and they shall remain in full force and effect.

Acceptance of the Terms
By clicking-on your assent for the use of the Logos on the American Job Center brand Web site
at www.dol.gov/ajc, you accept these Terms of Use established by the Employment and Training
Administration, U.S. Department of Labor.